Victorian Current Acts Victorian Current Acts(1) Despite section 127 of the Planning and Environment Act 1987 , a person who is convicted or found guilty of an offence against section 126 of that Act in relation to land used or developed for the purposes of the operation of a brothel is liable to—
S. 77(1)(a) substituted by No. 28/2000 s. 21(1).
(a) a penalty of not more than 1200 penalty units; and
S. 77(1)(b) amended by No. 28/2000 s. 21(2).
(b) if the contravention or failure constituting the offence is of a continuing nature, a further penalty of not more than 60 penalty units for each day during which the contravention or failure continues after the conviction or finding.
(2) If a person is convicted or found guilty of an offence referred to in subsection (1), the court may declare that the person or an associate of the person is not eligible, for a period of up to 10 years specified by the court, to hold a permit granted by a responsible authority under the Planning and Environment Act 1987 for a use or development of land for the purposes of the operation of a brothel.
S. 77(3) substituted by No. 44/1999 s. 27.
(3) For the purposes of subsection (2) two persons are associated if one is—
S. 77(3)(a) amended by Nos 27/2001 s. 8(Sch. 6 item 5.3), 82/2008 s. 15(1).
(a) a relative (other than an uninvolved relative) of the other; or
(b) a business partner of the other; or
(c) a person who has, or a person who is an associate of a body corporate which has, entered into a business arrangement or relationship with the other or with a body corporate of which the other is an associate—
(i) in respect of the use, occupation, management or otherwise of land; or
S. 77(3)(c)(ii) amended by No. 1/2010 s. 42(2)(Sch. item 65) (as amended by No. 63/2010 s. 27).
(ii) that enables or will enable the person, or a body corporate of which the person is an associate, to exercise a significant influence over or with respect to the management or operation of a sex work service providing business carried on by the other or by a body corporate of which the other is an associate but not including an arrangement or relationship under which the person is or will be an approved manager of the business; or
(d) directly receiving any income derived from a business carried on by the other; or
S. 77(3)(e) amended by No. 44/2001 s. 3(Sch. item 94.2).
(e) a body corporate and the other is a related body corporate within the meaning of section 9 of the Corporations Act; or
(f) a person who is a lessee or sub-lessee of land used for the purposes of the operation of a brothel that is owned or leased by the other or by a body corporate of which the other is an associate; or
(g) a body corporate and the other is an associate of the body corporate.
S. 77(3A) inserted by No. 44/1999 s. 27.
(3A) For the purposes of subsection (3)(c), (f) and (g) a person is an associate of a body corporate if he or she—
S. 77(3A)(a) amended by Nos 27/2001 s. 8(Sch. 6 item 5.3), 82/2008 s. 15(2).
(a) is a director or secretary of the body corporate or a relative (other than an uninvolved relative) of such a director or secretary; or
(b) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
(c) holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate.